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Why does the will need to be proven?

Probate laws are designed to protect the rights of heirs and creditors and to assure the orderly collection, preservation, and transfer of property.  In order to ensure that the Decedent’s bills are paid and Decedent’s property is accounted for, transferred to, and retitled in the names of Decedent’s Beneficiaries, it is important to prove your will.  The court will determine whether your will is valid or determine who is to receive the property if there is no will.


What is Being Proved To the Court

The Personal Representative (called the “Executor” (male) or “Executrix” (female)) that Decedent nominated in the Will can be appointed by the Court and authorized to carry out Decedent’s desires, as expressed in the provisions of his/her Will.


What the Personal Representative Does

Again, one important reason why the Will must be proven is to ensure that the Personal Representative distributes the Decedent’s Will according to their wishes.  Some tasks the Executor or Executrix may do include:

  1. Collecting and managing Decedent’s property
  2. Paying Decedent’s debts, last illness and funeral expenses, and any taxes due
  3. Distributing Decedent’s property to Decedent’s named recipients (the “Beneficiaries”), who “take under the Will” or “take by testate succession.”